Order Cannot Be Said To Be 'Non-Speaking' If Party Did Not Raise Any Material Ground: Jharkhand High Court

The Jharkhand High Court has recently held that to decide whether an appellate order is speaking or non-speaking, it has to be seen in light of the grounds raised in the appeal and not in isolation.

Justice Anubha Rawat Choudhary held that when in appeal the party concerned does not raise any material ground, the order consequently passed cannot be said to be a non-speaking order.

The matter arose from a writ petition challenging the order of termination and seeking reinstatement of the petitioner with all back wages.

Filed through Advocate Ajit Kumar, the petition stated that the appellate authority had dismissed the appeal filed by the petitioner by passing a non-speaking order. Therefore, seeking to quash and set aside the impugned orders and reinstating the petitioner with all back wages.

He referred to the ratio in the case of Shashi Bhusan Lall vs. State Of Jharkhand & Ors (2011), where it has been held that a statutory appeal must be decided on merits by reasoned order.

On the other hand, the respondents argued that the appellate order reflects the application of the mind. It emphasized that in the appeal filed by the petitioner, he has admitted his guilt, and he had requested the authority to pardon him and that he shall not repeat his mistake.

It was argued that the impugned orders are well-reasoned orders considering the facts and circumstances of the case when the allegation of absence from duty and not resuming his duty stood admitted by the petitioner.

The Court held that the argument of the petitioner that the impugned order is a non-speaking order and has been passed based on an earlier charge-sheet is devoid of any merit, hence rejected. Examining the appeal, the Court noted that the guilt was admitted to, and the prayer was to take a sympathetic view of the matter. The Court observed,

"No ground as such challenging the order of termination dated 12.01.2010 was raised in the appeal. The appellate authority, vide impugned order dated 26.06.2010, dismissed the appeal. It has been communicated that the appeal submitted by the petitioner was examined in detail. On perusal, the appellate authority observed that under the facts and circumstances, it is not at all expedient to interfere with the decision of the disciplinary authority as there is no material for further consideration."

Dismissing the petition, the Court concluded that the appellate order could not be seen in isolation, and it has to be seen in the light of the grounds of appeal raised by the petitioner. Since the petitioner did not raise any material ground before the appellate authority, the impugned order of the appellate authority cannot be said to be a non-speaking order.

Case Title: Kayum Ansari v. Central Coal Feild Limited 

Citation: 2022 LiveLaw (Jha) 3

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